P. v. Phommachanh CA3
Defendant Bobby Jan Phommachanh was convicted of multiple crimes following an incident in which he fired multiple gunshots in a bar thereby injuring two people. On appeal, he contends (1) the trial court erred by instructing the jury with a “kill zone” instruction with respect to charges of attempted murder, (2) he cannot be convicted of multiple counts of shooting at an occupied building, (3) he should have been awarded more presentence custody credit, and (4) we must remand to the trial court to state the statutory authority for a $500 surcharge imposed. The People oppose some of defendant’s contentions, concede others, and request remand to the trial court for clarification of yet another aspect of sentencing. On rehearing, following our issuance of an opinion on remand, defendant additionally contends he is entitled to remand for resentencing to permit the trial court to exercise its newly acquired discretion to strike his firearm enhancement. The People argue that thoug
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